Passenger blames driver for crash, injuries

By Philip Gonzales | May 1, 2017

WAYNE — A Kentucky man is suing an insurer and vehicle operator, alleging breach of duty in causing a vehicle crash.

WAYNE — A Kentucky man is suing an insurer and vehicle operator, alleging breach of duty in causing a vehicle crash.

Clarence Elkins of Martin County filed a complaint April 4 in Wayne Circuit Court against Victoria Fire & Casualty Co. and Amber Kirk, alleging Kirk breached her duty to maintain proper control of her vehicle.

According to the complaint,on Aug. 6, 2016, Elkins was involved in a vehicular accident when the vehicle he was riding and was driven by Kirk struck a tree that caused fire damage to the vehicle and serious injury to Elkins' body. Elkins said he incurred medical expenses of approximately $11,600. 

The plaintiff alleges Victoria Fire has refused to pay Elkins' claim without conducting a reasonable investigation.

Elkins seeks trial by jury and an order declaring the plaintiff's damages are covered by his insurance policy. He is represented by attorney Timothy Koontz of Williamson.

Wayne Circuit Court Case number 17-c-68

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